Trial

When trial shall commence –

• Not later than 30 days after termintion of pre- trial conference.

Hearing days and calendar call

• Trial held from Monday to Thursday, exactly at 8:30 a.m and 2 p.m, Hearings on motion,
arraignment and pre-trial and promulgation of judgments shall be in the morning of Fridays
• The schedule of trial dates for criminal cases shall be continuous and within the periods provided
for in the regular and special rules. Schedule to be prepared during arraignment and pre-trial
proper, where there is plea of guilty or no plea-bargaining agreement. These dates are final and
intransferable, unless in exceptional cases.
• After plea of not guilty is entered, accused shall have fifteen days to prepare for trial.
• If accused is not brought to trial within the time limit as set forth, upon motion, the information
may be dismissed on ground of denial of right to speedy trial. The accused has the burden of
proving the ground for his motion, with prosecutor going forward with evidence to prove delay
belongs to exclusion allowable under the Rules. The Rules on double jeopardy may apply.

Delays to be excluded in computing the period for commencement of

trial
a) Delay from examination of physical and mental condition of accused,
b) Delay from proceedings with respect to other criminal charges against the accused.
c) Delay from extra ordinary remedies against interlocutory orders.
d) Delay resulting from pre-trial proceedings provided not exceeding 30 days.
e) Delay resulting from orders of inhibition or proceedings relating to change of venue of cases or
transfer for other courts
f) Delay from finding of existence of prejudicial question
g) Delay reasonably attributable to any period not to exceed 30 days, during which any proceeding
concerning accused is actually under advisement
h) Delay resulting from absence or unavailability of essential witnesses
i) Delay resulting from mental incompetence or physical inability accused to stand for trial
j) Delay , when accused is joined for trial with a co-accused over whom court has not acquired
jurisdiction, or to whom the time for trial has not run and no motion for separate trial has been
granted.
k) Delay from any motion for continuance granted moto propio or upon motion of either accused or
prosecutor on reasonable and justifiable ground outweighing best interest of public and accused
in speedy trial.

• In case of absence or unavailability of an essential witness; absence and unavailability are not
the same - Absence when his whereabouts are unknown, or whereabouts cannot be
 determined by diligence. If unavailable, his whereabouts known but presence during trial cannot
be obtained by due diligence.
• To ensure continuity, trial set on weekly or other short time trial calendar, after consultation
with prosecutor and defense counsel. Entire period of trial calendar is 180 days,
• Motion for postponement is discouraged except on basis of a) acts of God, b) force majeure or
physical inability of witness to testify.
• One-day examination of witness rule is to be observed.
• Either party may secure order for a material witness to post bail to secure attendance. In case
of refusal to post bail, the court shall commit him to prison until he complies or is legally
discharged after he had testified.

Discharge of a witness to be a state witness

• When two or more persons are jointly charged, they shall be tried jointly, unless upon motion of
prosecutor the court orders separate trial.
• One or two may be discharged with their consent as state witnesses, after prosecutor had filed
motion for discharge of the accused, filed before prosecution rests its case. Judge shall require
prosecution to present evidence and sworn statement of each proposed state witness. Court to
conduct hearing in support of the discharge and must be satisfied that:
o absolute necessity for the testimony of the witness to be discharged.
o There is no other direct evidence for prosecution of the case except testimony of the
accused
o Testimony of the accused can be substantially collaborated on its material points
o Said accused does not appear to be the most guilty,
o Accused not convicted of any offense involving moral turpitude
• decision to employ state witness rest on the prosecution. The motion to discharge as state
witness shall be resolved within a non-extendible period of ten days. Evidence adduced
• in the hearing on the motion shall automatically form part of the trial. If court denies the
motion to discharge, his sworn statement shall be inadmissible as evidence. Discharge of an
accused to be a state witness amounts to acquittal and a bar to another prosecution for the
same offense except when accused fails to or refuses to testify against his co-accused in
accordance with his sworn statement and he may then be prosecuted together with his co-
accused.

Mistake in charging the proper offense –

• Court shall order filing of new information. Upon filing of the new information, the original
case shall be dismissed for accused to answer for the new offense.

Order of trial.
1. Prosecution to present evidence to prove charge and civil liability in proper cases
2. Accused may present evidence to prove defense and damages sustained arising from provisional
remedy.
3. Prosecution may present rebuttal evidence. Unless court allows him additional evidence.
 4. Accused may present sur-rebuttal evidence unless court allows him to present additional evidence
5. Upon submission of evidence of the parties, case submitted for decision unless court directs them
to orally argue to submit written memoranda.

Conditional examination of witnesses for the accused before trial

• Upon filing of motion, with notice to allow such examination supported by affidavit of accused
and other evidence as may be required. To justify the conditional examination of witness, it must
be shown that witness is sick, infirmed and a reasonable belief that he will not be able to attend
the hearing of the case. Or that witness resides more than 100 kilometers from place of trial and
he has no means to attend and thus unable to testify during the hearing. If satisfied court shall
issue order directing witness to be examined, at specific date, time and place at least three days
before the hearing. Examination shall be before a judge, or a member of the bar in good
standing. If order made by a superior court, it may designate member of an inferior court to
conduct the examination. Absence of prosecutor shall not cause postponement provided he was
duly notified of the hearing.

Conditional examination of witness for the prosecution.

• If allowed to be taken before judge where case is pending when it appears witness is too sick or
infirm to appear or witness has to leave the Philippines with no definite date of returning.
Examination to be conducted in the presence of the accused. Refusal of accused to attend despite
notice shall constitute waiver and examination shall proceed,

Form of testimony during trial

• In first level courts, MTCs, testimonies of witnesses in all criminal cases shall consist of a) duly
subscribed written statements given to a law enforcement officers, b) affidavits or counter
affidavits before investigating prosecutor. If not available, testimonies shall be in the form of
judicial affidavits . Whatever be the form same shall be subject of direct and cross examination.
• In second level court, RTC, Sandiganbayan and Court of Tax Appeals, the testimonies shall also
consist of duly subscribed written statements of law enforcements or peace officers or affidavits
or counter affidavits before investigating prosecutors. This shall apply in criminal cases where
demeanor of witnesses is not essential in determining credibility of witnesses such as forensic
chemist, medico-legal officers auditors etc. In other cases, where culpability of accused is based
on testimonies of the alleged eyewitnesses, the testimonies shall be in oral form.

Reopening of the proceedings.

• At any time before finality of judgment of conviction, judge may moto propio or upon motion,
with hearing in either case, re-open proceedings to avoid miscarriage of justice. Proceedings
shall be terminated within 30 days from the grant.

Trial in absentia-
• Following requisites should appear:
o Accused had been arraigned already
o Has been duly notified of the trial and hearing
 o His absence is unjustified.
o Instances when presence of the accused may be required:

When attendance of accused is required

• Arraignment and plea
• During trial, when necessary for identification purposes
• Promulgation of judgment, unless for light offenses in which case he may appear by counsel or
representative.

Offer of evidence –
• Offer and comment thereto should be made orally. Specific page numbers of court record
where exhibits are found should be cited.
• Formal evidence is necessary otherwise the evidence shall not be considered in arriving at a
judgment. But rule may be relaxed when: a) evidence was duly identified by testimony, and
(b) incorporated as part of the record of the case.

Memoranda
• Submission is discretionary and in no case shall exceed 25 pages, single spaced, on legal size
paper.
• Period to submit non extendible and shall not suspend running of the period for promulgation of
the decision.